PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000. - 72077.]
Part 8 added by Stats. 1963, Ch. 156.
§§ 72000–72077 · 64 sections
CHAPTER 1. Initiation of Proceedings §§ 72000–72004 · 5 sections
- § 72000 Whenever the board deems it necessary to form an improvement district of a portion of the district for a purpose other than the incurring of bonded…
- § 72001 The resolution of intention shall also state: (a) The purpose for which the proposed improvement district is to be formed. (b) The estimated expense of…
- § 72002 The resolution of intention shall also state that a map showing the exterior boundaries of the proposed improvement district, with relation to the territory…
- § 72003 The resolution of intention shall also state: (a) The time and place for a hearing by the board on the questions of the formation and extent of the proposed…
- § 72004 Notice of the hearing shall be given by publishing a copy of the resolution of intention, pursuant to Section 6066 of the Government Code, prior to the time…
CHAPTER 2. Hearing and Adoption of Resolution of Formation §§ 72010–72014 · 5 sections
- § 72010 At the time and place so fixed in the resolution of intention, or at any time or place to which the hearing is adjourned, the board shall proceed with the…
- § 72011 At the conclusion of the hearing, the board shall by resolution determine whether it is necessary to form the improvement district. If so, the resolution shall…
- § 72012 The determinations made in the resolution of formation shall be final and conclusive.
- § 72013 After the formation of the improvement district pursuant to this part, all taxes levied for the carrying out of its purpose shall be levied exclusively upon…
- § 72014 A copy of the resolution of formation shall be published pursuant to Section 6066 of the Government Code in a newspaper printed and published in the district,…
CHAPTER 3. Formation Election §§ 72020–72027 · 9 sections
- § 72020 If a petition signed by not less than 10 percent of the voters of the proposed improvement district requesting that an election be held on the formation…
- § 72020.5 In addition to the provisions of Section 72020, in the Casitas Municipal Water District, the board may by resolution call a special election in the proposed…
- § 72021 The board shall provide for holding the special election on the day fixed in the resolution calling the election and in accordance with the provisions of the…
- § 72022 Notice of the holding of the special election shall be given by publishing the resolution calling the election, pursuant to Section 6066 of the Government…
- § 72023 The returns of the special election shall be made, the votes canvassed by the board within seven days following the election, and the results thereof…
- § 72024 The secretary, as soon as the result of the special election is declared, shall enter in the records of the board a statement of such results.
- § 72025 If from the special election returns it appears that a majority of the votes cast at such election were in favor of the formation of the improvement district,…
- § 72026 No irregularities or informalities in conducting the special election shall invalidate it, if the election has otherwise been fairly conducted.
- § 72027 Any action or proceeding in which the validity of the formation of the improvement district or of any of the proceedings in relation thereto is contested,…
CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery §§ 72028–72028.4 · 5 sections
- § 72028 Whenever the board determines that it is necessary to equitably apportion any extraordinary costs of water delivery, including, but not limited to, filtration…
- § 72028.1 The resolution of intention shall include the nature of the extraordinary costs of water delivery, the amount of the cost which is to be borne by each…
- § 72028.2 The election called by the resolution of intention shall be held in accordance with the provisions of Chapter 5 (commencing with Section 71940) of Part 7 of…
- § 72028.3 If the majority of the registered voters in all of the combined improvement districts in which the election is held voting on the proposition vote to impose…
- § 72028.4 When additional debt is imposed on improvement districts pursuant to this chapter, the board shall take action at the time and in the manner required by law to…
CHAPTER 4. Advance of Funds §§ 72030–72031 · 2 sections
- § 72030 The board may advance general funds of the district to accomplish the purposes of an improvement district formed pursuant to this part.
- § 72031 The board may provide that the district shall be repaid for any advance of funds, with interest at a rate not to exceed the interest value of money to the…
CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District §§ 72060–72077 · 38 sections
ARTICLE 1. General Provisions §§ 72060–72061 · 2 sections
ARTICLE 2. Bond Election, Issuance, and Sale §§ 72062–72064.1 · 4 sections
- § 72062 Whenever the board deems it necessary for the district to incur a bonded indebtedness for the acquisition, construction, completion, or repair of any or all…
- § 72063 The resolution calling the bond election shall state all of the following: (a) The purpose for which the proposed debt is to be incurred, which may include…
- § 72064 If, from the bond election returns, it appears that more than one-half of the votes cast in such election were in favor of, and assented to, the incurring of…
- § 72064.1 Except as provided otherwise herein, such election, issuance, and sale of bonds shall be governed by the provisions of this division.
ARTICLE 3. Improvement Districts § 72065 · 1 section
- § 72065 For the purpose of issuing bonds pursuant to the provisions of this chapter, nine improvement districts, the designations and boundaries of which are described…
ARTICLE 4. Definitions §§ 72066–72066.6 · 7 sections
- § 72066 As used in this chapter, the following terms shall have the meaning described in this article:
- § 72066.1 “Board” shall mean the Board of Directors of the Pomona Valley Municipal Water District.
- § 72066.2 “Charges” shall mean charges made for metered water or for minimum charges for services, including customers’ charges, service charges, demand charges, and…
- § 72066.3 “Month” shall mean a calendar month.
- § 72066.4 “Person” shall mean any domestic or foreign corporation, association, syndicate, joint stock company, partnership of any kind, joint venture, club,…
- § 72066.5 “Service user” shall mean any person required to pay a tax imposed under the provisions of this chapter.
- § 72066.6 “Service supplier” shall mean any person required to collect a tax under the provisions of this chapter.
ARTICLE 5. Powers—Generally §§ 72067–72071.1 · 6 sections
- § 72067 The board may exercise all of its powers and duties in regard to improvement districts established by this chapter in the same manner as to improvement…
- § 72068 Any portion of the district, whether contiguous or not to an improvement district established by this chapter, may be annexed to such improvement district in…
- § 72069 Any portion of the district may be excluded from an improvement district established by this chapter in the manner provided in Chapter 5 (commencing with…
- § 72070 The board may advance general funds of the district to accomplish the purposes of an improvement district performed pursuant to this chapter.
- § 72071 The board may repay the district for any advance of funds, together with interest, at a rate not to exceed the interest value of money to the district, from…
- § 72071.1 The board may levy an ad valorem property tax in each improvement district established pursuant to Article 3 (commencing with Section 72062) of this chapter,…
ARTICLE 6. Powers—Utility Tax §§ 72072–72072.12 · 13 sections
- § 72072 In addition to the powers otherwise provided for improvement districts under this division, the board shall have the power to levy a utility tax, as provided…
- § 72072.1 Nothing in this article shall be construed as imposing a tax upon any person when the imposition of such tax upon that person would be in violation of the…
- § 72072.2 Notwithstanding any other provision of law to the contrary, persons subject to the jurisdiction of the Public Utilities Commission need not obtain an…
- § 72072.3 The board hereby is authorized to impose a tax upon every person using water within any of the improvement districts established by this chapter or on every…
- § 72072.4 The tax imposed in this article shall be collected from the service user by the service supplier. The amount collected in one month shall be remitted to the…
- § 72072.5 The taxes imposed by this article shall be collected, insofar as practicable, at the same time as, and along with, the charges made in accordance with the…
- § 72072.6 Taxes collected from the service user which are not remitted to the board on or before the due dates provided in this article are delinquent.
- § 72072.7 Interest and penalties for delinquency in remittance of any tax collected by a service supplier and not remitted to the board shall be assessed as follows: (a)…
- § 72072.8 Failure by a service user to pay any tax imposed by this article shall result in the following interest and penalties on the service user: (a) Any service user…
- § 72072.9 Any tax required to be paid by a service user under the provisions of this article shall be deemed a debt owed by the service user to the district. Any tax…
- § 72072.10 The board shall enforce the provisions of this article and may prescribe, adopt and enforce rules and regulations relating to the administration and…
- § 72072.11 Whenever the amount of any tax has been overpaid or paid more than once or had been erroneously or illegally collected or received by the board, it may be…
- § 72072.12 Notwithstanding the provisions of Section 72072.11, a service supplier may claim a refund or take as credit against taxes collected and remitted the amount…
ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation §§ 72073–72077 · 5 sections
- § 72073 The board annually shall cause to be prepared a written report stating the reasons for and conclusions of the board upon the following, together with any…
- § 72074 Annually, prior to approving the annual budget for the district, the board of directors shall hold a public hearing for the purpose of considering the report…
- § 72075 Notice of the hearing to be held pursuant to Section 72074 shall be given by publishing a copy, pursuant to Section 6066 of the Government Code, at least 15…
- § 72076 At the conclusion of the hearing, the board shall, by resolution, determine the following: (a) The amount of the total debt service on any bond indebtedness…
- § 72077 The amount of such debt service and maintenance and operation costs to be raised in each improvement district established under this chapter shall be paid by…